ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, June 7, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-15

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Capital City Youth Forum – Grayson Carlisle

IV. APPROVAL OF MINUTES

A. May 19, 2010 – Regular Assembly Meeting 2010-14

V. MANAGER’S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2010-18
An Ordinance Amending The Litter Code And Establishing A Penalty.

This ordinance would expand the fine for littering to include instances in which less than one square foot of litter is illegally deposited. Current code has a minimum threshold of one square foot. The ordinance would provide a reduced fine not to exceed $50 for depositing less than one square foot of litter illegally and also updates the fine schedule to match the litter code.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

b. Ordinance 2010-19
An Ordinance Amending The Sales Tax Code And The Hotel-Motel Room Tax Code Regarding The Tax Collection Discount.

Under the CBJ Sales Tax Code, merchants who timely file and remit sales tax in full are allowed to take a credit of up to 1% of the tax due to compensate for costs of compliance. This ordinance is a housekeeping measure to bring the code in line with long-standing business practice.

This ordinance would allow for a minimum Hotel Tax collection discount, equal to the General Sales Tax collection discount, and clarifies that the collection discount can only be applied up to the total of the tax liability.

Presently, the Hotel Tax collection discount is 1% of the tax due and the General Sales Tax collection discount is 1% of the tax due, with a minimum of $10. Both the General Sales and Hotel Taxes are reported using the same methodology and form. Having the collection discount match for both tax types will be less confusion for the merchant and easier for staff. This ordinance also clarifies the code to comply with the business practice of only allowing collection discounts up to the amount of the taxes reported. Collection discounts cannot create a credit or a refundable balance. Neither of these changes will have a material impact on revenues.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

c. Ordinance 2009-08(AO)
An Ordinance Appropriating To The Manager The Sum Of $1,940 As Funding For The Juneau Police Department’s “Every 15 Minutes-Mock Car Crash Program,” Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

On May 20, 2010, the Juneau Police Department, in conjunction with the Juneau School District, hosted the “Every 15 Minutes” program. This program was developed in Canada, and first implemented in the United States by the Chico Police Department in 1995, when statistics showed that a person was killed every 15 minutes in an alcohol-related collision. Now, alcohol-related fatalities occur every 30 minutes.

This is a program focusing on juniors and seniors challenging them to think about drinking, driving, personal safety, the responsibility of making mature decisions, and the impact their decisions have on family, friends, and community.

The Alaska Highway Safety Office has provided a grant of $1,940 to assist in covering the costs to stage this event.

There are no matching requirements for this grant.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

d. Ordinance 2009-08(AP)
An Ordinance Appropriating To The Manager The Sum Of $82,460 As Funding For The Central Council Of Tlingit And Haida Indian Tribe Of Alaska And City And Borough Of Juneau Joint Roadway Repaving Project, Grant Funding Provided By The Central Council Of The Tlingit And Haida Indian Tribes Of Alaska
.

CCTHIT-CBJ                     CCTHIT-ARRA   

The Central Council of the Tlingit and Haida Indian Tribes of Alaska (CCTHITA) has provided an additional $82,460 of federal funding for the CCTHITA/CBJ joint roadway repaving project. This will be accomplished by an amendment to the Reimbursable Services Agreement between CCTHITA and CBJ.

This ordinance would appropriate the additional $82,460 for the CCTHITA and CBJ Joint Roadway Repaving project, funding is provided by the American Recovery Reinvestment Act stimulus funds through CCTHITA, increasing CBJ’s reimbursable total to $525,869. The terms of the reimbursable services between the CCTHITA and CBJ are not changed by this amendment.

The additional funding will be used to repave Cinema Drive.

The Public Works and Facilities Committee recommended approval of this action at its May 24, 2010 meeting.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

2. Resolutions

a. Resolution 2530
A Resolution Reestablishing The Juneau Affordable Housing Commission For The Purpose Of Adding The Review Of Funding Proposals To Its Charge, And Repealing Resolution 2506
.

This resolution would expand the purpose of the Affordable Housing Commission to include development of criteria, scoring, and recommending allocation of funding to organizations that provide and promote affordable housing in Juneau.

I recommend this resolution be adopted.

b. Resolution 2532
A Resolution Establishing The Aquatic Facilities Advisory Board.

The Assembly, at its May 19, 2010 meeting, directed the City Attorney to draft a resolution creating a pool advisory board. This resolution would establish the Aquatic Facilities Advisory Board, which would provide input to the City Manager and Borough Assembly on matters involving the Augustus Brown Swimming Pool and the new Dimond Park Aquatic Facility.

I recommend this resolution be adopted.

3. Transfers

a. T-916, Transferring $9,535 From The Airport Revolving Capital Reserve Account To The Runway Safety Area Environmental Impact Statement Capital Improvement Project (CIP) ($979) And The Construct Delta-1 Ramp CIP ($8,556).

Impact of Budget Action

This ordinance would transfer funds from the Airport Revolving Capital Reserve Account to the Runway Safety Area Environmental Impact Statement (EIS) CIP and the Construct Delta-1 Ramp CIP in the amounts of $979 and $8,556 respectively to increase the local match to the required amount. These funds are expected to be recovered through amendments to the Passenger Facility Charge program.

The Airport Board recommended approval of this action at its May 12, 2010 meeting.

I recommend this transfer be approved.

b. T-917, Transferring $267,467 Closing Two Capital Improvement Projects (CIP), Riverside Drive Improvement ($213,996) And Valley Boulevard Reconstruction ($53,471) To The Long Run – Safe Route To School CIP.

Impact of Budget Action

This transfer would close the Riverside Drive and Valley Boulevard CIPs and provide the necessary funding to construct the Long Run Drive sidewalk between Riverside Drive and Mendenhall Loop Road.

The Public Works and Facilities Committee recommended approval of this action at its May 24, 2010 meeting.

I recommend this transfer be approved.

VIII. PUBLIC HEARING

A. Ordinance 2010-06
An Ordinance Amending The Sewer Code Relating To The Multi-Family Dwelling Exception Within The Single-Family Units Definition.

In 2003, as part of a comprehensive utility rate implementation program, the Assembly adopted definitions in the Water Code and Wastewater Code that included “metered residential service.” The intent was to meter water service to all customers owning multi-family dwellings and bill those customers for water and sewer based on actual usage.

The Wastewater Code contains a definition for single-family unit that is inconsistent with Title 19, Building Regulations, and 49.80 in Title 49, Land Use Code. This ordinance would eliminate the definition of single-family unit in the sewer code, relying on the definition in current CBJ codes.

Removal of this definition is a housekeeping measure, which will result in CBJ metering multi-family dwellings with bills for water and sewer being based on the actual quantity of water used, according to the long-standing direction of the water utility.

This action was recommended for approval by the Public Works and Facilities Committee at its April 19, 2010 meeting and by the Utility Advisory Committee at its January 21, 2010 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2009-08(AL)
An Ordinance Appropriating To The Manager The Sum Of $133,180 As Funding For The Development Of The Juneau Nordic Ski Trails, Grant Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a $133,180 grant from the State of Alaska, Department of Natural Resources, Division of Parks and Outdoor Recreation, Alaska Trails Initiative Grant Program. This grant will fund improvements on the trail from the Eaglecrest Lodge to the bridge over Fish Creek where the Treadwell Ditch begins. In addition, any remaining funds will be used to begin construction of a trail to Cropley Lake. If approved, construction would begin immediately.

The Eaglecrest Board of Directors recommended approval of the acceptance of this grant on March 4, 2010. This action was recommended for approval by the Public Works and Facilities Committee at its May 10, 2010 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2009-08(AM)
An Ordinance Appropriating To The Manager The Sum Of $5,009,000 As Funding For The Bartlett Regional Hospital Medical Surgical East Wing Renovation Capital Improvement Project, Funding Provided By The Bartlett Regional Hospital Operating Budget.

Economic Impact Note

This ordinance would appropriate $5,009,000 from Bartlett Regional Hospital’s (BRH) fund balance to provide necessary funding for the BRH Medical Surgical Unit East Wing Renovation project.

This project will complete the renovation of the existing patient rooms at the hospital.

The Hospital Board approved this appropriation request at its April 27, 2010 meeting. The Public Works and Facilities Committee recommended approval of this action at its May 10, 2010 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2009-08(AN)
An Ordinance Appropriating To The Manager The Sum Of $150,000 As Partial Funding For The Public Works Department - Fleet Maintenance Division’s Fiscal Year 2010 Operating Budget, Funding Provided By Interdepartmental User Fees.

Economic Impact Note

The Public Works Department - Fleet Maintenance Division is anticipating a $150,000 shortfall in the current fiscal year operating budget due to an increase in diesel fuel consumption as a result of the additional express bus service that was implemented in October 2009. This shortfall requires a supplemental appropriation of $150,000 for fiscal year 2010.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Appeal – Bachoura vs. CBJ Planning Commission

Notice of Appeal                       Notice of Decision

On April 27, 2010, the Planning Commission approved an Allowable Use Permit USE2010-00009, to a rooming/boarding house to be conducted at 306 W. 8th Street. On May 20, 2010, Bernard Bachoura, property owner and permit applicant, filed a timely appeal to the Assembly of one of the conditions placed upon the permit. The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The appellants, the permit holder, and the Planning Commission have been advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports
1. Appeal – International Union of Operating Engineers Local 302 vs. CBJ
Personnel Board – Draft Decision

Email

Objection to Draft Assembly Decision on Appeal by IUOE Local 302

Notice of Appeal

Personnel Board Decision

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

XVI. ADJOURNMENT

Note: Agenda packets are available for review online at www.juneau.org.

ADA accommodations available upon request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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